Reaching the final order is a significant moment, and it is important to understand what it does before you apply for this. A final order is the court document that legally ends a marriage in England and Wales. Formerly called the decree absolute, it is the last formal step in the divorce process and means you are divorced. The final order can only be applied for once, and at least six weeks and one day must have passed since the conditional order was made for the applicant to apply. From that point, both people are free to remarry. Most couples are advised to have their financial settlement approved by the court before applying, because the final order itself does not resolve money matters and the claims spouses have against each other are not dismissed on divorce – that involves a separate process.
Last reviewed: 21st July 2026
Article summary
✓ The final order, formerly the decree absolute, is the court document that legally ends a marriage under the Divorce, Dissolution and Separation Act 2020.
✓ A minimum of six weeks and one day (43 days) must pass after the conditional order before the final order can be applied for.
✓ Once made, the final order allows both former spouses to remarry or enter a civil partnership.
✓ Applying too early, before finances are resolved, can affect pension entitlements and inheritance rights, and protection for property in the other’s sole name, and may cause significant issues if either of you were to pass away, after the final order was made, but before financial matters and claims are properly resolved.
Introduction
The final order sits at the end of a two-stage process introduced by the Divorce, Dissolution and Separation Act 2020, which came into force on 6th April 2022. The first stage, the conditional order, confirms that entitlement to divorce has been granted. The second stage, the final order, acts on that entitlement and dissolves the marriage. Between the two lies a mandatory waiting period, during which couples can properly resolve their divorce financial settlement by obtaining a financial order approved by the Court. If there are pensions to be shared it is generally advised to further delay obtaining the final order of divorce for a period of time after the financial Order has been made to ensure that pension rights are not lost in the unfortunate event of the death of a spouse between the financial order being approved and the pension company being able to implement the order. It is recommended that you take legal advice as to the timing of applications for the conditional and final order of divorce as early as possible to avoid stress and nasty surprises.
How do you apply for the final order?
Applying for the final order is straightforward once the 43-day waiting period has elapsed. The applicant, or both applicants in a joint case, files an application with the court. There is no hearing if made by the applicant in divorce. The court reviews the application, confirms the conditional order has been made and that the correct time has passed, and then issues the final order. This is typically done within 24 hours of the application.
If the applicant in a sole application does not apply for the final order within 12 months of becoming eligible to do so, the court will want an explanation for the delay before granting it. A declaration confirming why the application was not made earlier will usually be required. For joint applications, either party can apply once the 43-day period has passed.
The respondent to a divorce cannot apply for a further 3 months after the earliest time the applicant can apply -however in those cases typically the Court list this for a hearing as it is not granted automatically and it is recommended that legal advice is taken before any applications by respondents are made.
Why do many couples delay applying for the final order?
Delaying the final order until financial matters on divorce are resolved officially is often the right decision financially. Until the marriage ends, a spouse retains certain rights that disappear once the final order is made. Pension or death-in-service benefits, for example, may be payable to a spouse but not to a former spouse. Intestacy rules under the general law of England and Wales mean a spouse inherits on death without a will, while a former spouse does not. Applying for the final order before those rights are addressed in a financial settlement can leave one party worse off. If the family home is in the name of one spouse the other may lose protection available at the land registry if divorced prior to a settlement being reached. In addition, if there is to be a pension share then typically it is agreed that the final order of divorce is delayed for 28 days after the financial Order is made to prevent potential loss of that pension in the event of death of one of the spouses.
Family lawyers routinely advise clients to secure a court-approved financial agreement, usually a consent order, before applying for the final order. A financial consent order approved by the court binds the parties and prevents either party from bringing future financial claims. Without one, financial claims can be brought long after the marriage ends, even years later. Purcell Solicitors guides clients through this process through its divorce financial settlement service.
What does the final order change legally?
The final order ends the marriage with immediate effect. Both people become former spouses. Each is free to remarry or form a civil partnership.
The financial powers a court holds do not vanish at the final order: a court can still make financial orders after the marriage ends if your financial claims have not been dismissed by a financial order previously. If either party remarries before they resolve financial matters with their former spouse, they may lose the ability to make certain claims. It is important to obtain legal advice prior to remarrying if you have not formally resolved financial matters with your former spouse in order not to prejudice any claims you may be able to make.
The final order is also relevant to a party’s Will. Under section 18A of the Wills Act 1837, once the final order is made, any gift in an existing will to the former spouse takes effect as if the former spouse had died on the date of the order. An appointment of the former spouse as executor is treated the same way. The rest of the will remains valid, so anyone going through a divorce should review their Will once the final order is issued and update it where necessary.
Talk to Purcell Solicitors
If you are ready to apply for the final order, or you want to understand how the timing interacts with your financial settlement, the family team at Purcell Solicitors will help you get the sequence right so you can move forward with confidence. There is no pressure, only clear advice when you need it. Speak to the team through the contact page or call +44 (0)1908 693000.
Last reviewed: June 2026
Frequently Asked Questions
Can I apply for the final order before finances are agreed?
Yes, you can apply for the final order before a financial settlement is in place, but doing so carries real risks. Pension entitlements, home rights over a property in your spouse’s name and certain inheritance rights may be affected. In most cases, a solicitor will advise waiting until a financial consent order has been approved by the court before applying. If there are urgent reasons to end the marriage quickly, those can be weighed against the financial consequences with the help of a family solicitor familiar with financial issues on divorce.
What happens if neither of us applies for the final order?
The conditional order remains in place, and the parties stay legally married. There is no automatic mechanism to progress to the final order; someone must apply. If an application is not made for more than 12 months after the conditional order was granted, an explanation to the court is required.
Does the final order affect my pension?
Yes, the final order can affect pension rights, particularly death-in-service benefits, which are often payable to a spouse but cease to be payable to a former spouse once the final order is made. Pension sharing or earmarking orders should be agreed and included in a consent order before the final order is applied for and it is usually agreed that the final order will be further delayed for a period of time to protect the pension settlement. Purcell Solicitors can advise on the pension, and all other, aspects of a divorce financial settlement before you reach that stage.
Mandi Austin – Director and Family Law Solicitor, SRA number: 260209
Mandi Austin is a Director and Family Law Solicitor at Purcell Solicitors, having joined the firm in September 2005. She qualified as a solicitor in September 2000 and has over 25 years of specialist experience in family law. Her path into law is an instructive one: a lecturer recognised her ability and encouraged her to pursue a law degree, and she has focused on family work ever since.
She advises on the full range of family law matters, including divorce, financial settlements, children proceedings, pre- and post-nuptial agreements, and non-legal aid domestic abuse cases. Mandi holds accreditation as a specialist on the Law Society Family Law Panel and is a trained collaborative lawyer. She has been a member of Resolution throughout her career and served as Treasurer of the local collaborative law group.
Chambers and Partners ranks Mandi in Band 2 for Family/Matrimonial in the Thames Valley in the UK Guide 2026. Peers and clients describe her as “meticulous and very thorough with her preparation,” “incredibly competent,” and “genuinely a delight to work with” who “provides spot-on advice”.
In court, Mandi combines careful preparation with strategic thinking. Her reported cases include Z (Embryo Adoption: Declaration of Non-Parentage) EWFC 68, in which Sir James Munby declared that a married husband who consented to an embryo transfer is the legal father of the resulting child under the Human Fertilisation and Embryology Act 2008. The judgment clarified the legal position for married couples where the husband has no genetic material.
Mandi is regulated by the Solicitors Regulation Authority (SRA number: 260209). She can be contacted at mandi@purcellsolicitors.co.uk.